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 STRATA TITLES ACT 1985  (ACT 318)

PART II
 APPLICATION FOR SUBDIVISION OF A BUILDING

6. Buildings capable of being subdivided.
7. Proprietor of alienated land may apply for subdivision of a building.

8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building.
9. Conditions for approval.
10. Application for subdivision of building.
10A. Application for subdivision in the case of phased developments.
11. Withdrawal of applications.
12. Powers of Director of Lands and Mines in relation to applications.
13. Action by Director of Survey after approval of subdivision.
14. Issue of strata titles to individual parcels.
14A.
Failure to pay amount demanded.

6. Buildings capable of being subdivided.

(1)  Any building or buildings having two or more storeys on alienated land held as one lot under final title (whether Registry or Land Office title) shall be capable of being subdivided into parcels; and any building or buildings having only one storey on the same land shall also be capable of being subdivided into parcels to be held under strata titles or into accessory parcels.

(2) Notwithstanding subsection (1), the State Authority may, by rules, published in the Gazette, prohibit the subdivision of buildings of any class or description as may be specified in such rules.

7. Proprietor of alienated land may apply for subdivision of a building.

(1) The proprietor of any alienated land on which there is any building which is capable of being subdivided under section 6, may subject to the provisions of this Act, apply for the subdivision thereof to the Director;

(2) Notwithstanding subsection (1), the proprietor of any alienated land held under qualified title which has been duly surveyed and in respect of which a certified plan has been approved by the Director of Survey, may apply to the Director for the subdivision of any building thereon.

(3) For the purposes of subsection (1) and (2), an application may be made notwithstanding that the building has not yet been certified by the local authority to be fit for occupation or use.

8. Circumstances in which it is compulsory for a proprietor to apply for subdivision of a building.

(1) The proprietor of any alienated land on which there is a completed building capable of being subdivided under section 6 shall, within the period specified in subsection (2), apply in accordance with section 10 for the subdivision of the building if at any time he has sold or agreed to sell any parcel in such building to any person.

(2) The period within which the requirement of subsection (1) shall be complied with is as follows:

(a) in the case of a building completed on a date after the commencement of this subsection -

(i) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place before that date, the period is six months from that date;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from the date of the sale or agreement or the first of such sales or agreements;

(b) in the case of a building completed on a date before the commencement of this subsection-

(i) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place before that date, the period is six months from the commencement of this subsection;

(ii) if the sale of, or agreement to sell, any parcel of the building, or the first of such sales or agreements, took place after that date, the period is six months from the commencement of this subsection or six months from the date of the sale or agreement or the first of such sales or agreements, whichever is the longer.

(3) For the purpose of subsection (1) an application for the approval of the Director to the subdivision of a building shall be treated as not being in accordance with section 10 if the application is defective by reason of any material non-compliance with any of the requirements of that section pertaining to the application.

(4) The period specified in subsection (2) may, on application made before its expiry be extended once by the Director by any further period not exceeding three months.

(5) Where an application is not made within the period specified in subsection (2) and in the case of subsection (4) within the period of such extension, if any, applied for and granted in respect of a building, the proprietor shall be guilty of an offence, and liable on conviction to a a fine not less than ten thousand ringgit but not more than one hundred thousand ringgit and to a further fine not less than one hundred ringgit but not more than one thousand ringgit for each day the offence continues to be committed.

(6) For the purpose of subsection (2), the date on which a building is completed shall be the date on which it is certified by any public or local authority to be fit for occupation or use.

9. Conditions for approval.

(1) The Director shall not approve the subdivision of any building unless the following conditions are satisfied:

(a) that is has been certified by a land surveyor -

(i) that the building or buildings are situated wholly within the boundaries of the lot in question; or

(ii) that, discounting any eave, awning, and any balcony not forming part of a proposed parcel, which project over a road reserve, the building or buildings are so situated;

and , in case where the certificate is one under subparagraph (ii), that there subsists a permit or permits issued under section 75A, of the National Land Code in respect of every such eave, awning and balcony;

(b) that, in the case of any building for the erection of which planning permission was required -

(i) it has been certified by an architect registered under the Architects Act, 1967 or by a professional engineer registered under the Registration of Engineers Act, 1967 that the building was constructed in accordance with the plans and specifications by reference to which that permission was given, stating therein the date on which such permission was given and the reference number thereof (if any); or

(ii) the case falls under subsection (6A) of section 10 and the requirements of that subsection have been satisfied;

(c) that the subdivision would not contravene any restriction in interest to which the land comprised in that lot is for the time being subject;

(d) that the subdivision would not be contrary to the provisions of any written law for the time being in force, and that any requirements imposed with respect thereto by or under any such written law have been complied with;

(e) that no item of land revenue is outstanding in respect of the land;

(f) that consent in writing to the making of the application has been obtained from every person who at the time when approval was applied for, was entitled to the benefit of -

(i) (Deleted);

(ii) a lease of the whole or any part thereof, other than a part corresponding precisely with, or included within, one of the parcels to be created upon subdivision;

(iii) a charge of such a lease; or

(iv) a lien over any such lease;

(g) that the proposed share units assigned to the parcels by the proprietor of the lot in his application in Form 1 are equitable;

(h) that each of the proposed parcels has -

(i) adequate means of access not passing through another parcel; and

(ii) adequate means of internal communication not passing through the common property;

(i) that, where the land on which the building or buildings stand is held for a term of years, there still remains a period of not less than twenty-one years to run; or

(j) that the land on which the building or buildings stand is not subject to any charge or lien;

(k) that, where the land is held under qualified title as specified in subsection (2) of section 7, the final title to the land has been registered; and

(l) that the building to be subdivided has been certified by the local authority to be fit for occupation or use.

(2) In the case of an application involving a provisional block or blocks by virtue of subsection (1) of section 10A, the Director shall not approve the subdivision of any building to which the application relates unless the following additional conditions are also satisfied:

(a) that is has been certified by a land surveyor that the position of each provisional block as delineated on the location plan is wholly within the boundaries of the lot in question;

(b) that the quantum of the provisional share units assigned to each provisional block by the proprietor of the lot in his application in Form 1 is equitable; and

(c) that proprietor has given the date by when he undertakes that the construction of the building or each building to which the provisional block or blocks relate will be completed, has paid to the Director in respect of each provisional block a deposit of such reasonable amount as the Director may require, and has furnished a written statement to the effect that he agrees that the amount be forfeited to the government in the event that, by that date or by such later date as the Director may allow, the construction of the building to which the provisional block relates is not completed or, if completed, the building has not been certified by a public or local authority to be fit for occupation or use.

10. Application for subdivision of building.

(1) Any application for the approval of the Director for the subdivision of any buildings shall be made in writing in Form 1 to the Land Administrator and shall be accompanied by -

(a) such fee as may be prescribed;

(aa) except in a case falling under subsection (6A), the building plans approved by the planning authority, to be submitted in triplicate;

(b) a proposed strata plan comprising a location plan, and a storey plan in respect of each storey of each building, to be submitted in triplicate containing such details as are specified in subsections (2) and (3) respectively and  certified by a land surveyor as follows:

(i) that he has made a comparison of the plans to the original plans of the building and any approved amendments thereto prepared by the architect or professional engineer responsible for its construction, or, in a case falling under subsection (6A), to the plans of the building and any approved amendments thereto mentioned in paragraph (a) of that subsection; and

(ii) in the case of a storey plan, that the boundaries of the parcels shown thereon follow features of permanent construction appearing in the building;

(c) the certificates of a land surveyor, registered architect or registered professional engineer, referred to in paragraph (a), and subparagraph (i) of paragraph (b), of subsection (1) of section 9 and, where applicable, the certificate of a land surveyor referred to in paragraph (a) of subsection (2) of section 9;

(ca) a permit or permits referred to in paragraph (a) of subsection (1) of section 9, in a case where the certificate of a land surveyor is one under subparagraph (ii) of that paragraph;

(cb) in a case where the land is held under qualified titles as specified in subsection (2) of section 7, the certified plan of the land as approved by the Director of Survey, to be submitted in triplicate;

(d) the written consents to the making of the application of every person who, at the time of the application, is entitled to the benefit of -

(i) a charge of the land;

(ii) a lease of the whole or any part thereof, other than a part corresponding precisely with, or included within, one of the parcels to be created upon subdivision;

(iii) a charge of such a lease; or

(iv) a lien over the land or any such lease;

(e) subject to subsection (7), the issue document of title of the lot.

(2) Every location plan shall -

(a) specify the number of the lot, the title number of the land comprised therein and the area thereof;

(b) delineate the boundaries and boundary marks of the lot and the position of all buildings thereon, showing which of these buildings are to be subdivided;

(c) include a vertical section of each such building showing -

(i) the floor and ceiling of each storey; and

(ii) the height of each storey;

(d) (Deleted);

(e) contain such other details as may be prescribed.

(3) Every storey plan shall -

(a) specify the number of the lot and the title number of the land comprised therein, and the building and numbered storey thereof to which the plan relates;

(b) delineate, subject to the provisions of paragraphs (a) and (b) of subsection (5), each proposed parcel and define the boundaries thereof by reference to floors and walls showing the horizontal dimensions, without it being necessary to show the bearing;

(c) indicate in respect of each such parcel the number by which it is described in Form 1;

(d) specify the approximate floor area of each parcel;

(e) distinguish such parts as are not to be included in any of the parcels but are to become part of common property;

(f) (Deleted);

(g) contain such other details as may be prescribed.

(4) Every proposed strata plan shall show a legend of -

(a) all parcels;

(b) all common property; and

(c) all accessory parcels, and specify therein the parcels they are made appurtenant to, irrespective of whether the accessory parcels are contiguous to those specified parcels;

(d) (Deleted).

(5) Where an accessory parcel -

(a) consists of a building or parts thereof and is bounded by external walls, floors and ceilings, the dimensions and boundaries of such accessory parcel shall be shown in the proposed strata plan in accordance with the requirements of subsections (2) and (3);

(b) does not consist of a building or parts thereof:

the proposed strata plan shall show a diagram of the accessory parcel with similar dimensions as those shown on the approved plans mentioned in subparagraph (i)

(6) Every proposed strata plan shall -

(a) show the proposed share units in whole numbers of each parcel and the total share units of all the parcels; and

(b) contain such other particulars as may be prescribed by rules made under section 81.

(6A) If the plan and specifications by reference to which planning permission for the erection of the building was given are not available, so that it is not possible to give the certificate required by subparagraph (i) of paragraph (b) of subsection 9, the application under subsection (1) shall be accompanied -

(a) in lieu of the building plans mentioned in paragraph (aa) of that subsection, by plans of the building, in triplicate, certified by an architect registered under the Architects Act, 1967 as having been drawn according to the actual features of the building and as truly representing those features; and

(b) in addition to the other matters required under subsection (1), by the certificate of a duly authorised officer of the appropriate local planning authority that the building as represented by the plans mentioned in paragraph (a) was erected with planning permission but the plans and specifications by reference to which that permission was given are no longer available, and that the local planning authority is nevertheless satisfied that the building as so represented satisfies planning requirements.

(7) An application under subsection (1) may be submitted without the issue document of title to the lot if that document is in the hands of any person as chargee or lien-holder, and in any such case, the application shall be accompanied by a copy of a request by the proprietor served on that person for the production of the document at the Land Office within fourteen days of the date thereof.

(8) Upon receipt of any application under subsection 91) the Land Administrator shall endorse, or cause to be endorsed, a note of the making thereof on the register document of title, and shall then -

(a) refer the application to the Director of Survey;

(b) in the case where the land is held under qualified title as specified in subsection 92) of section 7, take appropriate action in respect of the conversion of the qualified title to final title; and

(c) in the case where the building to be subdivided has not yet been certified to be fit for occupation or use, forthwith inform the applicant to obtain the certificate of fitness for occupation from the local authority within the time specified.

(9) The Director of Survey shall thereupon check the location and storey plans and carry out or cause to be carried out such survey of the land, any of the buildings thereon or any of the parcels as he may consider desirable, and shall -

(a) advise the Land Administrator as to whether the plans are in order;

(b) notify the Land Administrator of the amount of fees to be collected upon approval of the application in respect of such survey; and

(c) notify the Land Administrator of the amount of fees to be collected in respect of the plans caused to be prepared in the event of the approval of the application.

(10) The Land Administrator shall thereupon if he is satisfied that the application and the other documents presented therewith are in order, transmit them to the Director together with the recommendations for approval or rejection:

Provided that no application shall be so transmitted without the issue document of the lot and accordingly in a case falling within subsection (7), if that document is not duly produced at the Land Office, the Land Administrator shall, if unable to secure its production, prepare or cause to be prepared, title in continuation (or where appropriate, a duplicate issue document of title only) under Chapter 3 of the National Land code as if the circumstances were as specified in paragraph (c) of subsection (1) of section 166 of the Code:

And provided further that -

(a) where the land is held under qualified title, the final title thereto has been registered by the registering authority; and

(b) where the building has not yet been certified fit for occupation or use, the certificate has since been obtained and has been submitted by the applicant.

10A. Application for subdivision in the case of phased developments.

(1) An application under section 10, except where it relates to a low-cost building or buildings, may include an application for the issue of a provisional strata title or titles for a provisional block or blocks in respect of a building or buildings, being a building or buildings capable according to section 6 of being subdivided, proposed to be, or in the course of being, erected on the lot in question:

Provided that no building or buildings having only one storey shall be included in the application for the issuance of  a provisional strata title or titles for the provisional block or blocks.

(2) Where an application under section 10 involves a provisional block or blocks by virtue of subsection (10, the following requirements relating to the provisional block or blocks shall, in addition to the requirements of section 10 relating to the particular building or buildings to be subdivided, be observed in making the application:

(a) the application shall be accompanied by the building plans approved by the planning authority for the building or buildings to be, or in the course of being, erected, to be submitted in triplicate;

(b) the location plan shall include a legend, and shall delineate the position, of each provisional block, showing, in accordance with the approved building plans, the vertical section and dimensions of the building to which the provisional block relates;

(c) the application shall be accompanied, as forming part of the proposed strata plan, by a storey plan in triplicate in respect of each provisional block, which shall delineate the external boundaries, and show, in accordance with the approved building plans, the horizontal dimensions of the building to which the provisional block relates, without it being necessary to show any bearings; and

(d) the proposed strata plan shall show the proposed quantum of provisional share units for each provisional block.

11. Withdrawal of applications.

An application under subsection (1) of section 10 shall not be capable of being withdrawn except with the concurrence of the Director; and the Director shall not give his concurrence unless he is satisfied that the withdrawal is not, or will not be, detrimental to the interests of any person who has purchased or agreed to purchase any parcel of the building in question.

12. Powers of Director of Lands and Mines in relation to applications.

(1) On receiving any application made under section 10, the Director shall -

(a) approve the subdivision if it appears to him that the conditions specified in section 9 are satisfied; and

(b) in any other case, reject the application.

(2) Where he has approved any application for subdivision of building, the Director shall -

(a) transmit to the Director of Survey the application and other accompanying documents; and

(b) notify the Land Administrator of the approval and direct him to collect from the proprietor, fees as notified by the Director of Survey under subsection (9) of section 10 and fees for the preparation and registration of strata titles.

(3) Where he has rejected any such application, the Director shall notify the Land Administrator who shall forthwith inform the proprietor and shall cancel or cause to be cancelled the note thereof endorsed on the register document of title pursuant to subsection (8) of section 10.

13. Action by Director of Survey after approval of subdivision.

(1) Upon receipt of the approved application and the other documents presented therewith and upon being informed by the Land Administrator that the fees referred to in paragraph (b) of subsection (2) of section 12 have been duly paid, the Director of Survey shall -

(a) from the relevant location plan and storey plans, prepare or cause to be prepared a certified strata plan complying with the requirements of subsection (2), with such modifications as he may consider necessary;

(b) file the certified strata plan in his office;

(c) prepare one copy of the certified strata plan for retention by the Registrar;

(d) prepare additional copies of the certified strata plan, or copies of the various folios thereof as mentioned in subsection (40, for the purpose of attaching them to the issue documents of title to the parcels which are to be created on the subdivisions; and

(e) transmit to the Director, the copies so prepared, together with the approved application and other accompanying documents.

(2) The certified strata plan referred to in paragraph (a) of subsection (1) shall be a plan delineating, on as many folios as may be considered most suitable for the purpose, the storeys of the building or buildings to be subdivided, and the parcels within each storey and every folio shall contain also -

(a) a plan of the land, showing the position of every building thereon;

(b) a vertical section of the building or buildings to be subdivided, showing the position therein of the storey or storeys to which it relates; and

(c) a schedule showing the approved share units of each parcel and the total number of share units of all the parcels.

(3) For the purposes of the preparation of any such certified strata plan, the common boundary of any parcel of a building with any other parcel, or with any part of the building which is not included in any of the parcels, shall, except in so far as it may have been otherwise provided in the relevant storey plans, be taken to be the centre of the floor, wall or ceiling, as the case may be.

(4) The number of additional copies of the certified strata plan to be prepared pursuant to paragraph (d) of subsection (1) shall be as follows:

(a) where any such plan consists of one folio only, the number of copies shall be equal to the number of parcels shown thereon; and

(b) where any such plan consists of two or more folios, the number of copies of each folio to be so prepared shall be equal to the number of parcels shown on that folio.

(5) For the purposes of this section, the certified strata plan in respect of a provisional block shall contain a plan showing the position of the provisional block and the vertical section of the block.

14. Issue of strata titles to individual parcels.

Upon receiving from the Director of  Survey the documents referred to in paragraph (e) of subsection (1) of section 13, and upon being informed by the Land Administrator that the fees for preparation and registration of strata titles have been paid, the Director shall direct the Registrar to open a book of the strata register in accordance with the provisions of section 15 and prepare, register and issue strata titles in accordance with the provisions of section 16.

14A. Failure to pay amount demanded.

(1) If the proprietor fails to pay any amount demanded pursuant to subsection (2) of section 12 within one month of being served with the demand, he shall be guilty of an offence, and liable on conviction to a fine not exceeding one thousand ringgit and to a further fine not exceeding fifty ringgit for each day the offence continues to be committed.

(2) The period specified in subsection (1) may, on application made before its expiry, be extended once by the Director by any further period not exceeding one month.

Links: | Part 1 | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part IXA | Part X | 1st Schedule | 2nd Schedule | 3rd Schedule | 4th Schedule |

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